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The UK government is gearing up for the Fisheries Bill to be introduced in Parliament with a White Paper setting out its stance on how it sees fisheries issues. The ‘Sustainable Fisheries for Future Generations’ is described as a blueprint for a sustainable and profitable industry in the future. The proposals outlined are now subject to a ten-week consultation period.

In its White Paper on fisheries, the UK government predicts that its measures will ’regenerate coastal communities and support future generations of fishermen’ as Britain becomes an independent coastal state. It sets out methods to explore fairer allocation of fishing opportunities, citing zonal attachment, based on distribution of fish stocks, rather than historical data. It also aims to set out how, as an independent coastal state, the UK will have the opportunity to move towards what is described as a fairer share of fishing opportunities - ’overhauling the current system where UK fishermen have received a poor deal that is based on fishing patterns from the 1970s.’

According to a government statement; ’While the UK will continue to abide by Common Fisheries Policy rules during the implementation period, from 2020 we will be negotiating access to waters and fishing opportunities as an independent coastal state.’

‘The Government has presented a broad vision for post-Brexit fisheries that is clear and cogent - and importantly, is aligned with international law. I am sure that it will attract wide support across the industry and Parliament,’ said NFFO chief executive Barrie Deas, welcoming the publication of the ‘Sustainable Fisheries for Future Generations’ White Paper.

Discards & environment

The statement by the UK government ahead of the new White paper’s also makes clear that some form of the discard ban will remain.

’Sitting at the heart of the white paper will be the UK government’s commitment to sustainable fisheries, including ending the wasteful discarding of fish and making clear vessels will only be allowed to fish in our waters if they adhere to our high sustainability standards,’ the statement sets out, while stating that ’as set out in its 25 Year Environment Plan, the government will pursue an ecosystem approach to fisheries management that will minimise impacts on non-commercial species and the marine environment.’

The White Paper will commit to publishing an annual statement on the health of fish stocks, as well as approaches for tackling the problem of choke species, which is described as one of the ’biggest challenges facing the fishing sector.’

What is outlined is for a reserve of quota to be held and used to offset choke species, coupled with a ’new scheme to help fishermen unable to find quota to set against their catch.’

The White Paper is now subject to a ten-week consultation.

‘Fill your boots’ warning

The NFFO and SFF have welcomed the appearance of the fisheries White Paper and SFF chief executive Bertie Armstrong commented that they have been arguing the key points set out by government since the June 2016 referendum.

‘The White Paper enshrines the important elements of a sustainable future for our industry: allowing the UK to become an independent Coastal State, to take charge of who catches what and where, and to resist any attempt to link access to our waters to access to EU markets,’ he said.

‘Of course, there is a long way to go, and we now need our governments to show real backbone in the Brexit negotiations to ensure that these aspirations become reality.’

A note of alarm was immediately sounded by WWF as the announcement of the White Paper was made.

‘We don’t want to see a ‘fill your boots’ fisheries policy that decimates our precious seas and cripples our fishing communities. Proposals must put the right focus on managing fish stocks in a sustainable way and protecting our marine environment,’ commented WWF head of marine policy Lyndsey Dodds.

‘As we leave the EU we must use our power wisely and ensure any increase in fishing doesn’t threaten our marine environment. That means there must be clear commitments to a healthy ocean, underpinned in law in the forthcoming fisheries bill.’

The NFFO has welcomed the UK government’s white paper on fisheries, Sustainable Fisheries for Future Generations, outlining the vision for UK fisheries post-Brexit, stating that this is clear on the big issues and warning that the UK government is not in a position to sell out the fishing industry and survive.

‘On the big-ticket issues, the White Paper is clear and confident,’ an NFFO spokesman said.

‘To be sure, the EU27 will seek at every turn to blunt its application but in truth the EU only has one weapon in its armoury and that is the nuclear option of denying the UK a free trade deal unless the UK caves in on fisheries. That would hurt many businesses in the supply chain in the EU - at least as many as in the UK.’

The NFFO points out that the arithmetic of the British parliament is such that capitulation on fisheries is an issue that the government would not be able to survive.

‘It is self-evident that the Government has much work to do on its own positions before the next rounds of negotiations. On fisheries, however, as the White Paper spells out, the big issues relating to jurisdiction, access and quota shares, are already settled by international law: the UK becomes an independent coastal state. Everything else flows from that.’

The NFFO predicts that the White Paper will have required support across Whitehall, ‘and it spells out what the UK wants and expects.’

The spokesman commented that overall, the Government has not been noticeably coherent or cohesive in its preparations for a negotiated withdrawal agreement with the EU – but on fisheries, its broad position is clear, cogent, and apparently uncontroversial.

‘The Federation has been working closely with Defra since the referendum and has submitted papers on all the policy main areas. It is encouraging, therefore, that our principal objectives are shared in the White Paper.’

However, the NFFO points out that there are areas that require attention and there remains much to discuss.

These include how to operate a system of devolved responsibilities within an overall UK framework, which is underdeveloped in the White Paper.

‘Discussions continue and is unlikely that arriving at a satisfactory agreement will be easy or straightforward, given the toxic politics involved.’

The NFFO’s spokesman warns that cost recovery before the institutional arrangements are in place to give the industry shared responsibility, as discussed in the White Paper, would be premature, unjustified and very controversial, while auctioning incoming quota is a new concept with some obvious disadvantages and this will need detailed scrutiny.

‘The practicalities of a workable system of overage (permitting by-catches to be landed even though quotas are exhausted with a charge to disincentivise targeting) to address the problem of chokes under the landing obligation, will require close attention,’ the NFFO states, and adds that remote sensing undoubtedly has a future role to play in monitoring fishing activities.

‘The question is how and where and how does it fit into a partnership approach based on trust and confidence?’

Scotland’s Fisheries Secretary Fergus Ewing has blasted the government’s draft fisheries White Paper, Sustainable Fisheries for Future Generations, accusing the UK government of again failing to substantively engage with with Scotland while developing its future fisheries proposals.

‘This near lack of formal engagement presents a significant and continued risk to the current devolved settlements and is totally unacceptable,’ Fergus Ewing said.

‘We have significant concerns as to whether some of the proposals, such as charging for fish in excess of quota, are viable if we are to prevent overfishing to ensure sustainability. We are also deeply concerned that the paper does not appear to recognise the vital contribution that European Maritime and Fisheries Fund (EMFF) monies have to the sustainable growth and success of the industry.’

He stated that the white paper does not address the critical importance of ongoing access to labour for the seafood processing sector, going on to say that while acknowledging seafood trade as “vital,” it provides no detail whatsoever on how seafood exports will be protected from potentially damaging trade barriers.

‘We can only conclude from this that political considerations and undeliverable promises are far more important to the UK Government than the real needs of businesses and coastal communities, and economic reality,’ Fergus Ewing said.

‘In addition there are a number of areas where clarity is required not least where exactly it is being proposed as a UK approach and where the proposals are for England only. As I have said repeatedly, there is not a UK fisheries policy and to suggest so is misleading. There are legitimately different regimes for different regional fisheries, and fishing is fully devolved,’ he said and commented that if the document had been shared at an earlier stage, many of these issues might have been addressed through constructive engagement and dialogue.

‘Unfortunately, by only sharing the final copy a matter of days before its publication, the UK Government chose to significantly limit the scope for that,’ he said.

‘I have repeatedly signalled my willingness to engage on a range of EU exit issues in good faith. However, I will continue to resolutely oppose any attempt to interfere with the established powers of the Scottish Parliament, the Scottish zone or Scottish vessels wherever they operate.’

The Fisheries White Paper published by the UK government last week has triggered concerns over the lack of consultation between Westminster and the devolved Scottish and Welsh administrations. The UK government had made assurances that there would be consultation, and is being accused of failure to do so.

Scottish Fisheries Secretary Fergus Ewing had been quick to criticise the white paper, commenting that ‘there is not a UK fisheries policy and to suggest so is misleading,’ while criticising the government for delay sending the draft of the white paper until it was too late for any meaningful consultation to take place.

‘This near lack of formal engagement presents a significant and continued risk to the current devolved settlements and is totally unacceptable,’ Fergus Ewing said last week.

Now Cabinet Secretary for Constitutional Relations Michael Russell MSP and Welsh Cabinet Secretary for Finance Mark Drakeford have written a joint letter to Chancellor of the Duchy of Lancaster David Lidington to highlight the concerns they share over the involvement of devolved administrations in developing the UK’s negotiating position on Brexit.

According to the Scottish Government, these concerns come after the UK Government failed to substantively engage with the Scottish Government while developing its future fisheries proposals. The two Cabinet Secretaries point out that the full draft White Paper on EU Negotiations has still not been shared with the Scottish and Welsh Governments ahead of Thursday’s Joint Ministerial Committee on EU Negotiations – despite previous assurances from the UK Government that the devolved administrations would have a meaningful opportunity in shaping negotiating positions as they are developed.

The full text of the letter is below.

Dear David,

We are writing further to the unsatisfactory discussion of certain sections of the White Paper on the EU Negotiations at the Ministerial Forum on Wednesday.

This was clearly not the fault of your Ministerial colleagues who attended the meeting but of decisions taken elsewhere in Government about what can and cannot be shared with us.

We were not permitted to see a single word of the draft White Paper in advance of the meeting and could only make our contributions on the basis of a brief, oral summary of the relevant chapters. It is particularly bizarre that at least one chapter was sent to our Permanent Secretaries - who are not members of the Forum - while the meeting was underway.

This in no sense lives up to the assurance that we would have a meaningful opportunity to shape negotiating positions as they are developed.

Moreover, the discussion of specific elements was further undermined by a lack of insight into the broader narrative: discussing cross-border transport is difficult without the context of proposals on customs arrangements, and the proposed mobility framework covering migration is clearly crucial for the science and research chapter, civil judicial cooperation and many other aspects of the White Paper.

We therefore wish to make it absolutely clear that we will not regard any discussion of the White Paper at next Thursday’s JMC (EN) as meaningful, unless we have been given prior access to the text of the draft White Paper as it currently stands.

If we do not have this opportunity, we will have to make it very clear that we have been given no real possibility to consider, let alone influence the content of a document which will purport to speak on behalf of the whole of the United Kingdom, about matters, many of which are devolved, and on a subject which is of the greatest possible importance to the people of Scotland and Wales.

We are copying this letter to the Prime Minister, the Secretary of State for Exiting the EU, the First Minister of Scotland, the First Minister of Wales, and to David Sterling as Head of the Northern Ireland Civil Service.